(a) An employer may not discriminate in hiring, promotion, or retention policies or practices against an employee who has in good faith filed a claim for or received benefits under this chapter. An employer who violates this section is liable to the employee for damages to be assessed by the court in a private civil action.
(b) This section may not be construed to prevent an employer from basing hiring, promotion, or retention policies or practices on considerations of the employee's safety practices or the employee's physical and mental abilities; nor may this section be construed so as to create employment rights not otherwise in existence.
(c) This section may not be construed to prohibit an employer from requiring a prospective employee to fill out a preemployment questionnaire or application regarding the person's prior health or disability history as long as it is meant to determine whether the employee has the physical or mental capacity to meet the documented physical or mental demands of the work.
Structure Alaska Statutes
Title 23. Labor and Workers' Compensation
Chapter 30. Alaska Workers' Compensation Act
Article 6. General Provisions.
Sec. 23.30.230. Persons not covered.
Sec. 23.30.235. Cases in which no compensation is payable.
Sec. 23.30.236. Members of the organized militia as employees.
Sec. 23.30.237. High school students in work-study programs as employees of the state.
Sec. 23.30.238. Volunteer emergency medical technicians as employees.
Sec. 23.30.239. Sole proprietors and partners as employees.
Sec. 23.30.241. Special officers as employees.
Sec. 23.30.242. Members of state boards and commissions as employees.
Sec. 23.30.243. Extending coverage to certain firefighters.
Sec. 23.30.244. Emergency and disaster relief forces as state employees.
Sec. 23.30.245. Invalid agreements.
Sec. 23.30.246. Search and rescue personnel as state employees.
Sec. 23.30.247. Discrimination prohibited.
Sec. 23.30.250. Penalties for fraudulent or misleading acts; damages in civil actions.
Sec. 23.30.255. Penalty for failure to pay compensation.
Sec. 23.30.260. Penalty for receiving unapproved fees and soliciting.
Sec. 23.30.263. Immunity from civil liability for workplace safety inspections.